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Woznicki v. Raydon Corp.

United States District Court for the Middle District of Florida, Orlando Division

March 16, 2020, Decided; March 16, 2020, Filed

Case No: 6:18-cv-2090-Orl-78GJK

Opinion

ORDER

THIS CAUSE is before the Court on Plaintiff's Motion for Class Certification (Doc. 96). United States Magistrate Judge Thomas B. Smith issued a Report and Recommendation ("R&R," Doc. 156), in which he recommends that the Motion be granted. Defendants [*3]  timely filed Objections to the R&R (Doc. Nos. 159, 160). For the reasons set forth herein, this Court will adopt the R&R and grant the Motion.

I. BACKGROUND

The relevant background to the Motion is fully set forth in the R&R and is hereby adopted and made a part of this Order. (Doc. 156 at 1-4).

II. LEGAL STANDARD

When a party objects to a magistrate judge's findings, the district court must "make a de novo determination of those portions of the report . . . to which objection is made." 28 U.S.C. § 636(b)(1). The district court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." Id. The district court must consider the record and factual issues independent of the magistrate judge's report, as de novo review is "essential to the constitutionality of [§] 636." Jeffrey S. v. State Bd. of Educ., 896 F.2d 507, 512 (11th Cir. 1990). The objecting party must state with particularity findings with which it disagrees, along with its basis for the disagreement. Kohser v. Protective Life Corp., 649 F. App'x 774, 777 (11th Cir. 2016) (citing Heath v. Jones, 863 F.2d 815, 822 (11th Cir. 1989)). The court will not consider "[f]rivolous, conclusive, or general objections." Marsden v. Moore, 847 F.2d 1536, 1548 (11th Cir. 1988) (citation omitted).

III. DISCUSSION

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2020 U.S. Dist. LEXIS 47338 *

STEPHANIE WOZNICKI, Plaintiff, v. RAYDON CORPORATION, DONALD K. ARIEL, DAVID P. DONOVAN, THE ESOP COMMITTEE OF THE RAYDON CORPORATION EMPLOYEE STOCK OWNERSHIP PLAN, LUBBOCK NATIONAL BANK, DAVID P. DONOVAN 2012 TRUST, ARIEL FAMILY TRUST DATED DECEMBER 18, 2012, PAMELA W. ARIEL, VERNA L. DONOVAN 2012 TRUST, DAVID P. DONOVAN, JR., IRREVOCABLE TRUST DATED JULY 25, 2008, LORI L. WEISS IRREVOCABLE TRUST DATED JULY 25, 2008 and NIKI J. DUNCAN IRREVOCABLE TRUST DATED JULY 25, 2008, Defendants.

CORE TERMS

Recommendation, magistrate judge, adequacy, putative class member, district court, class member, antagonistic, class representative, proposed class, objects, reasons, agrees, unduly, novo